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tv   Legal View With Ashleigh Banfield  CNN  December 10, 2013 8:00am-9:01am PST

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>> reporter: jeanne moos, cnn, new york. >> thinking about that one all day. thanks for joining me today. i'm carol costello. "legal view quit ashleigh banfield" starts now. >> hi, everybody. welcome to new york city. it is december 10th and no greater place than the holidays to be with new york city and central park. nice dusting of snow behind me that is if the weather is really bad and you can't get here. here's the deal today. when it comes to the weather, if you live somewhere between california and new york, there's a pretty good chance you're either going to have snow, some ice, rain, or it's going to be pretty darn cold where you live, at least colder than you're used to. a lot of schools are closed and the government shut down. this time, it wasn't something they did. it was mother nature that did it. i want to take you around the country right now so you can see
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some of the things that are laepg, some good, some not so good. let's start here in milwaukee. take a look at these cars just pile into one another. one after the other. squint at your screen right there in the middle. do you see those people, they are not moving and those cars are coming at them. i'm happy to report they did not get hit. it is by the grace of god they didn't, though, because this just kept on happening. frigid, icy roads, terribly dangerous pileups elsewhere around the country too. let me take you now to baltimore. because thousands of people have no power and look at that. that's the reason. ice on those trees make them heavy, make them fall, take down power lines, make ha guy's job a nightmare. trudging through the ice and snow to try to restore power for all of those people who are trying to get it back as quickly as possible. it's a pretty sight, make no mistake, but chad meyers will tell you it is deathly dangerous when the ice builds up on all of those trees. to d.c. with a beautiful shot of our capitol. oh, not so beautiful today.
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i am sorry to say. that's because this weather is socking in right up and down the east coast. and it has shut down the government. thousands of workers were told don't come to work today, it's going to be too dangerous. we're only just at the beginning of this thing. it could get a lot worse before the day wears on. and it's expected that the temperatures pretty much everywhere about 10 to 20 degrees lower than you are used to at this time of year. so, government canceled. i'll get to that in a moment. but how about to the arizona/utah border because if you think going south might be the way to get in warmth don't drive on i-15 down to arizona. they're stuck. that highway stopped, closed. everybody is just on the side of the road waiting it out. all those trucks over there, who knows what's in them, packages going to people for the holidays, who knows. they're not move anywhere. did i mention arizona? it is true that in the northern regions they're used to some weather but not necessarily weather where you see your exhaust billowing out your car
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or truck and stuck and you can't drive that road at all. so that's the roadways. let's get you up into the air or maybe not because that's the sign a lot of people in the airports are seeing. canceled. the boards are riddled with cancellations and i'm sorry, the baggage carousel has not been on except a christmas tree at this point at least in philadelphia. dallas/ft. worth had a miserable last few days. sunday all over the nation, about 3,000 flights canceled. monday went down to about 2,000. today at last count at 1,181 flights canceled. you can dress for holidays in your christmas sweater, hopefully you'll get to where you're going at some point though. watch your boards and call your airlines if you're planning to travel today. we're not out of the worst of it yet. all those people told to stay home and not go to work, that's affecting the actual government working today. congressional hearings have been shut down. a hearing on the asiana crash that was supposed to be under way. that's now been called off. we're waiting to see if any
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other congressional hearings will be called off. want to go to arlington, virginia, inside the beltway where athena jones is standing by. maybe you can tell me how bad it is and if it was worth it to shut down the government for this? >> hi, ashleigh. as you can see it is still snowing here. it's snowing a little harder i think than it was last hour and yes, the federal government is closed. that means we've seen a lot less traffic on the roadways. of course they're trying to avoid these huge traffic jams we've seen in the past when you had these freeways ending up looking like parking lots as people try to get around in this snowstorm. some good news for folks who don't work for the federal government, maybe folks who did have to go to work, not too long ago, the national weather service issued a weather calling a winter weather advisory. they've canceled the winter storm warning. they have a winter weather advisory in place until 2:00. you can see that it's still snowing here but that gives us some indication of when they expect things to begin to get a little better. i can tell you that we're here
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outside of d.c. reagan national airport. planes are still taking off here, ashleigh. >> keep an eye on it for us if you will, athena. thank you for that. there was some little nugget of information that crossed our wires today that i thought immediately chad meyers is going to have to speak to this because apparently the coldest temperature ever registered on earth has now actually been funneled into the record books, 138.8 degrees below zero, chad, at the south pole, and this very strange statistic that the scientists down there do naked dashes when the weather goes under 100 degrees. you're the only one who can explain this. >> it's called cold air damming and drainage. we get air on top of a mountain it all wants to go down. just like when you open up the freezer at your house, you open up the top of the freezer. what do you see all that steam or all that fog? it comes out and where does it go? goes straight down because it's heavier than the air around it. as you said it goes in the record books, guinness book of world records says wait not so fast, you didn't measure it with
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a thermometer. you measured it with a satellite it doesn't count. >> oh. >> now we have to get somebody out there with a thermometer at 138 -- >> i say you. >> i am not -- >> i did my time. i grew up in canada and i do not have to do it over again. >> i grew up in buffalo. i'm not that far from you. i get it. here's baltimore, d.c., still snowing on up to new york, still snowing all the way up the turnpike and now even on i-95 seeing that snow. a lot of airports just everywhere slowed down from ground stops from charlotte, chicago, and even four-hour delays in newark and look at that, ewr, in newark, you might be on the ground waiting for your plane for five hours and 25 minutes. that's a possibility for you for today. we still have the winter weather advisories, winter storm warnings posted. d.c. you're just about ready to get out of this mess. it's just about over for d.c. the snow just out towards charlottesville to front royal and about gone. boston you're not out of it and
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2 to 4 inches is going to be the big number just about everywhere. here is the antarctica story, the dome we're talking about. the middle of the south pole right here, not that far from it. 1358 135.8 negative fahrenheit. how does it all happen? well if you have clouds, the acts like a blanket and that cloud cover keeps the temperatures warmer. antarctica didn't have a cloud cover it cleared and the heat went away. like taking the blanket off you at night when you're sleeping you get cold. heat is released to space, all the cold air on top of the mountain has to go somewhere. it drains because of gravity and drained down into the hill and as a satellite floor over it and took that measure, measured 135. still have the official record because it was measured with a thermometer. we'll have to wait for na. >> nicely done, mr. myers. you didn't explain the naked dashes with the scientists at -- >> i don't know how they do that. >> come on. you're a scientist. come on, admit it.
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have you done it? >> no. i've jumped into the ocean january 1st up in rhode island for the penguin plunge. that's as much as i'm going to do. >> thank you for that. one quick thing, new york, is great if you're not at laguardia airport. ground stop there right now. people can take off, but nobody can land. it's nice to look at the pictures of central park, isn't it? just not nice when you're flying around wondering when you can land and seeing all ha snowy stuff below. when we come back after the break, the weather can be downright dangerous and deadly and you know what, at this point there is a family that is missing in the state of nevada and now there's an all-out man hupts to find them. they only went out for some time in the snow. we're going to update their circumstance if a moment. but i can't just sit on my cash. i want to be prepared for the long haul. ishares minimum volatility etfs. investments designed for a smoother ride. find out why 9 out of 10 large professional investors
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so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. welcome back to our live coverage, everyone. i'm ashleigh banfield. it is snowing in new york city. it is snowing in a lot of places across the country and if not snow, rain and cold. part of the problem is that's making for dangerous and deadly conditions. about 15 people already in the last cule of days have died as a
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result of this weather pattern that we're seeing across the country. in fact, eight of those in oklahoma alone. so some very serious conditions out there. please be careful if you're planning to head outside. again, this is central park. christmas time. holiday time in new york city. it is a lovely time to travel, but again, ground stop at laguardia. no one's getting in. flights are taking off but no one is getting down. i want to talk about a story developing in nevada that we're following. it's a breaking news situation. our pamela brown is here to update us on this family in nevada that went out to have a day in the snow and no one can find them. there are young kids involved. >> there are. it's a com, girlfriend and boyfriend, and four children between the ages of 3 and 10. a 3-year-old, two 4-year-olds, a 10-year-old, two are the couple's children the other the niece and nephew and they went out sunday to play in the snow in the mountainous region about 100 miles from reno, nevada, and they haven't been seen since. their family reported them
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missing at 8:00 p.m. on sunday night because they hadn't been able to reach them and there has been no communication from this family. >> since sunday? >> since sunday. search and rescue teams have been out. there was helicopters with thermal imaging out overnight looking for this family. still no trace of them and we've learned that crews from surrounding counties have also been brought in and this is really a huge effort under way to find this family because, of course, it's a dire situation. there are subzero temperatures, dipped to as low as 17 below zero, ashleigh. in fact our piers morgan spoke to the mother of the 10-year-old little girl, amanda fitzpatrick and here's what she had to say about how agonizing the situation has been. >> everybody's been very positive. it's been extremely hard. probably the hardest 24, 36 hours of my life. it's my baby girl. but they've all been very positive. we've got the entire town of lovelock, the entire county of pershing county and even some
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help of outside counties with their search and rescue teams and everything like that and everybody has been very positive and very willing to support and helpful and everything like that. >> so ashleigh, the family went out in a silver jeep with a black top. they're going to be looking for that. the hope is that they were -- they stayed in that jeep and they're able to stay warm somehow, rather than venturing out into the freezing temperatures. >> do you know if they have a cell phone or anything? >> that's what i asked authorities ha. we haven't heard anything from them but the last time they were pinged was sunday at 2:00 p.m. but said the reception in that area is really bad. >> yeah. >> it's really distressing with the kids that young, 3 years old, 4 years old and 10. >> we don't know if they had any supplies with them too. it's very concerning. >> it's great point you bring up. i want to talk to chad meyers about supplies and safety when you travel out. update us if you hear anything throughout the show. chad meyers, that's something you can probably weigh in on really well because people who go out in cold weather, maybe
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aren't used to it, should know that there are very small things you can do to actually save your life in the event that something like this can happen? >> the biggest thing you can possibly do if you go out on the trip is to make sure your gas tank is full. that's the most important thing. you will use that fuel to start the car, to warm the engine, to warm yourself. this is a large family in a vehicle. they can all keep warm inside that vehicle. make sure your cell phone is charged as well. and something i just came up with this, not that long ago, i'm thinking how would they find a silver and black jeep that might be covered up with a little snow. the best thing you could possibly do is go out and buy a $2.99 blue tarp. blue tarp. why blue? because when you see the police coming, you see those blue lights, that's not a normal color in nature. you put a black top, you might not see it because trees look black or dark or silver or whatever, but if you see blue, if the planes are flying over and see a blue tarp they know it's you, they can see that blue
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a lot better than any other color out there. also a couple other things. we talked about this last year. a candle in a coffee can is a nice way to warm inside the car. if you start the car and it's snowing you absolutely have to clear, get out of the car, you have to clear the snow from the exhaust pipe because if you don't clear that snow from the exhaust pipe the carbon monoxide can come back into the car itself. always keep a couple blankets in the car. not a bad idea to throw a 50 pound bag of sand in the trunk or kitty litter to get traction. i believe this family got stuck and we need to find that car. they're with the car, somewhere inside that car and they're probably still safe. we just need to find out where they went off the road. make sure your charge on your cell phone is full and another couple things, have a flashlight because if this family sees the plane flying over, flash the flashlight or a mirror you probably get an awful lot more visibility from yourself if you have those things out there. we'll be back with ashleigh banfield in two minutes. she's running upstairs to the
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it was chilly and pouring rain in johannesburg today, where thousands poured out their hearts to the memory and legacy of the leader they knew as madiba. five days after the passing of nelson mandela and five days before his burial, he was honored in speeches and song at the 90,000 seat soccer stadium that hosted the world cup final in 2010. president obama joined more than
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90 fellow world leaders in praising mandela's lifetime of sack cras fies in the service of freedom for all and he chided those leaders who dishonor mandela at home. >> there are too many people who happily embrace madiba's legacy of racial reconciliation but passionately resist even modest reforms that would challenge chronic poverty and growing inequality. there are too many leaders who claim solidarity with madiba's struggle for freedom but do not tolerate dissent from their own people. and there are too many of us, too many of us on the sidelines, comfortable in complacency or cynicism when our voices must be heard. >> the president did not name
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names, of course, but he could have been speaking of the man whose hand he shook with this image. this was quite something to behold, live on cnn. this happened, the president of cuba raul castro whose communist government has been on the outs with every american administration since eisenhower. want to bring in my colleague wolf blitzer who was watching this extraordinary moment from washington, d.c. so obviously and i don't think this is a surprise to many, wolf, havana is spinning this as potentially something i'm going to quote word for word, potentially the beginning of the end of u.s. aggressions against cuba. should anyone be reading into the handshake that much? >> i think a lot will depend on what happens. if there's a gesture from the cubans shortly not too long down the road to release that american alan gross who's been held prisoner in cuba for four years, that would be a significant step. removing one of the barriers. maybe right now the key barrier before any even modest
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improvement in u.s./cuban relations. as you know, ashleigh, and our viewers remember, president obama took office five years ago, anxious to improve relations with cuba and a bunch of other countries around the world but he's been frustrated at improving u.s./cuban relations. there has been modest easing of travel restrictions, things like that, but until alan gross is removed no desire in the obama administration, not much in congress to make any significant improvement, so i think the ball is clearly in havana's court right now if raul castro follows up with the release of alan gross, that would be a significant gesture on the part of the cubans and presumably it would be followed up by the president with some further at least modest improvements in relations. >> when you're already called aggressive relations, aggressions against cuba. let me move on to the president's tribute. last week he made the tribute to nelson mandela very personal and
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did so again today. let's have a quick listen. >> over 30 years ago, while still a student, i learned of nelson mandela and the struggles taking place in this beautiful land and it spurred something in me. it woke me up to my responsibilities, to others and to myself, and it set me on an improbable journey that finds me here today. and while i will always fall short of madiba's example, he makes me want to be a better man. >> so wolf, he talked about having met nelson mandela as a junior senator, but he did not meet him as a president. is that something he's going to regret? >> i am sure he desperately wanted to meet nelson mandela. there's the picture you see on the left of when he was a junior senator back in 2005. the senator from illinois, meeting with nelson mandela when
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he was in washington. as you know, the president was in south africa earlier this year with his entire family. he would have loved to have met with nelson mandela but he was unfortunately very, very sick, couldn't do that, and the president missed that last chance to go ahead and meet with nelson mandela. that picture by the way, ashleigh, that you showed our viewers, the president cherishes that picture. the only one on one encounter he had with nelson mandela. it had a prominent place in the senate office in washington and certainly at the white house since he's been president because he so admires nelson mandela. he's made that clear not only in the official statements he's made over the past few days, including today, but over a political career, even going back to when he was a college student, whether at columbia or whether at harvard law school. this is a man who inspired him. >> i just want to play one more small part of that speech this morning. it was early in case some people might have missed it, but he related nelson mandela's
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struggles to america's struggles. have a listen. >> we must ask, how well have i applied his lessons in my own life? is the question i ask myself, as a man, and as a president. we know that, like south africa, the united states had to overcome centuries of racial subjugation. as was true here, it took sacrifice, the sacrifices of countless people, known and unknown, to see the dawn of the new day. michele and i are beneficiaries of that struggle. >> this is a world stage. all of these, you know, top leaders and, of course, a massive world television audience. will moments like these allow leaders to rise above their own struggles for a day? >> yes. this was a moment that the president really wanted to speak, not only to the people of
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south africa, but to the people of the united states. indeed the people of the world. it gave him that opportunity to put all of this in a very personal perspective on how the struggle to defeat apartheid in south africa and the enormously critical role that nelson mandela played in that struggle, impacted him, the civil rights movementnd of the united states and, indeed, the world. it was a powerful moment. >> all right. wolf blitzer live for us, thank you for that coverage. there is still a lot more to come as well. the glass ceiling is being shattered in the automotive world. one of the places you might not expect it. one manufacturer has announced its new ceo and there she is. we'll announce her to you after the break.
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want to give you breaking news. the administration has come out with reaction to that handshake seen around the world where president obama shook the hand of castro -- raul castro, the president of cuba, in johannesburg during the ceremony's commemorating the death of nelson mandela. the memorial today. much has been said about this moment. say what you will, but here's what the administration is saying and i'll quote, this wasn't a preplanned encounter. above all else, today is about honoring nelson mandela and that was the president's singular focus at the memorial service. we appreciate that people from all over the world are participating in this ceremony. as the president said, we urge leaders to honor mandela's struggle for freedom by upholding the basic human rights of their people. but there you have it. that's a picture you are likely to see in your newspaper somewhere tomorrow. also he may be half a world
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away from washington but the president is still working and he says this, that he's pleased that one of his judicial nominees finally won senate confirmation. her name is patricia millette, abell ate lawyer headed for the u.s. court of appeals for the d.c. circuit and that is generally seen as the second most important court in the country and seen as a breeding ground for supreme court justices. today's vote is the first since senate democrats changed the rules for filibuster. caroline kennedy, us the u.s. ambassador to japan, today visited one of the two cities devastated by an atomic bomb during world war ii. the daughter of president john f. kennedy toured the nagasaki museum and met survivors of the blast and she laid a wreath at a park honoring the victims. general motors is announcing the promotion of mary barra as the company's new ceo. yes, mary. it's a lady.
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gm says she's going to take over in january and joining me is cnn's business correspondent, another lady, alison kosik, it's a big deal. >> not just because she's going to be the ceo of gm but she's going to be the head of a major u.s. automaker for the very first time. this is a hugely male dominated industry. she's replacing dan akerson who steps down january 15th. a little background, she's 51 years old, been with the company 33 years and she's really moved up the ranks, become quite the super star. she started on the factory floor at the age of 18 to help herself pay tuition while she was getting an electrical engineering degree and she said this year that being a car gal rather than a car guy, has never stood in her way. she said, quote, it's about no kidding results, ashleigh, and no kidding is right. she's been a huge leader in gm's turnaround since it emerged from bankruptcy. >> did she really say like car gal? >> she did. >> it's like 1950s.
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>> talk about we're finally away from the 1950s and seeing a woman take a huge position. >> well good luck to you, mary barra, the microscope is on her. >> it will be, absolutely. >> want to talk about one other quick thing, doesn't have to do with mary as the u.s. treasury selling off i think it's the rest of their gm stock, is that it? >> the timing is kind of interesting about this ceo chance. you see what happened yesterday, the treasury announced it's getting rid of its stake in gm. when it made this investment $49 billion, by the way, it was a bailout of gm so it pumped $49 billion into the automaker, it got back less, only $39 billion. guess who got stuck paying the $10 billion? taxpayer. treasury secretary jack lew says the alternative would have been much worse and others are saying it's a small price to pay for saving 1.2 million jobs, keeping the great recession from becoming the great depression. one of the big fears when you look back during the financial crisis was that gm's failure
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could have wiped out suppliers. that could have set off this huge train reaction where ford, who did not get a bailout, ford may have had to file for bankruptcy because of lack of auto parts. you're seeing this report come out and although you see taxpayers having to foot the bill $10 billion it could have been worse. >> a lot of people are saying this was a successful strategy after the moaning and groaning of wringing of hands. >> the u.s. was never in it to make a profit. >> thank you for the update. i appreciate that. >> a lot of people say they read "playboy" for the articles this one might be one of the reasons why. ben affleck has come out in "playboy" not about hunting drones, no, we have that story coming up but the story about the paparazzi and ben affleck just hammering away at those who take pictures of his kids and we'll talk about hunting drones too. coming up next.
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remember that thing i told you about before the break? hunting drones? i promised. small town in colorado is now putting off a vote on a measure that would allow its residents to hunt drones. just shoot them out of the sky. this is not a joke. the mayor of deer trail, colorado, says today's vote is being postponed until next year so that a court can look at the legality of the ordinance. a resident there drafted up that little piece of paper in response to the faa's plan to create six drone test sites around the country. the locations of which are still a secret. joining me for the legal view on so-called domestic drone hunting are the experts, don't ask me why they would be the experts in this but they are today, paul and joey. i just have this to say. it's a federal offense to
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destroy government property. >> it is. >> doesn't matter if it's in the sky or ground. how could this have made it to paper? >> i think it's a symbolic type of situation. i would hope they weren't looking to really implement this. everybody knows there's a supremacy clause, not to get fancy with the law, but the federal government, of course, the supreme law. you cannot enact an ordinance to destroy federal property when there's a statute that says you can criminalize it. it's about privacy, drawing attention to this invasion of these drones. >> serious. i think they are serious. they put a bounty on pieces like it's like a certain amount of money if you get a wing. >> licenses, permit. >> this is a colorado town with 598 people in it and, you know, i guess using guns and shooting is a big sport there and why not shoot down a drone. and they're talking about going drone hunting is what they're talking about. in truth, this is a serious issue. this is a $10 billion industry potentially in the united states. about 80% of drones, by the way,
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are used for agriculture purposes like surveying corn crops and that sort of thing. start shooting those and there will be a farmer shooting back at you. >> a lot of guys talking about this ordinance and support it, it's not that they don't recognize the value of drones, there's a lot, a number of search and rescues affected by the use of drones but also that secrecy business. six sites testing around the country. >> the i spy aspect. >> they won't tell us where they are. >> this issue has been decided long ago when the railroads when they originally went after the airline industry and saying that they owned the air rights above the tracks. >> wow. >> because they wanted to shut down the airline industry and eventually we decided to have the faa and -- >> competition for some privacy. >> over 500 feet you don't own the space. >> if i take my shotgun and blast a little piece of u.s. drone out of the sky what happens to me? >> you will be in a little
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trouble. >> will you be my lawyer? >> absolutely. >> how would you defend me? >> you know better. >> there's a federal statute that talks about the destruction of federal property and it criminalizes it. ten years in jail, massive fines. >> you can do 20 years in jail because if your good shot causes the drone to fall into somebody and hurt somebody it could be a murder case. >> i went skeet shooting with my brother and they're awesome and i officially stink i got one all afternoon. one. >> we don't believe it. >> i put that on the tv on the cnn. joey and paul, stick around. i have other stuff coming up. >> absolutely. >> down the pike. thank you. the other thing i told you about, ben affleck, you probably know him best as the husband of jennifer garner and know her best as someone who's really tired of the paparazzi and taking it actually to the government. they're speaking out, taking action and ben is in "playboy" not posing, he's reeling on the paparazzi who stalk his kids and other actors' kids.
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there could be a big clash on capitol hill over the nuclear deal with iran. secretary of state john kerry is expected to meet with the bipartisan group of senators. they want to add new sanctions to begin in six months. which, of course, goes against last month's deal. iran agreed to limit its nuclear program in exchange for the easing of economic sanctions not new ones. bill clinton's former chief of staff will join obama's team. sources say john podesta will take on the title of counselor to the president. among his deputies, the implementation of the affordable care act. in north carolina, there are some new questions about excessive use of force following the release of disturbing new dash cam video. let me repeat, very disturbing and graphic. it starts at the end of a police chase where you see everything
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coming to a stop between a suspect and police. the authorities corner in on the suspect as his car crashes. he puts his hands up into the air and the dog just throws -- the police officer throws the canine dog in on the suspect's lap. the suspect says he was bitten on the shoulder the officer was cleared of wrong doing but since the video more investigating going on. we'll keep you posted on what happens here. >> you're going to love this viral video that i'm about to show you. not just because it comes from canada, but because it's just adorable. canada's west jet airlines put together a surprise for some of their passengers supplying from toronto and hamilton to calgary. just before they boarded the aircraft, it was a virtual santa they asked them what they wanted for christmas in the airport and they got on the plane and they flew and when they landed they actually got what they asked for coming out on the baggage carousal. take a look. >> what would mommy and daddy like for christmas? >> big tv. >> yeah.
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big tv. >> what i need is new socks and underwear. >> an android tablet. >> merry christmas! >> no way. merry christmas. >> oh, my gosh. >> oh. thank god nobody asked for a pony. it took 150 staff members to pull this thing off because they had to scramble to buy, wrap and then actually deliver everything that was asked. that poor guy that asked for the socks and underwear, right? and the guy next door gets a big screen tv. way to go west jet. adorable thing but very, very
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clever advertising. one of the best yet. in a new interview with "playboy" magazine, ben affleck has a startling revelation. a stalker got and not just a stalker, a dangerous stalker. entertainment correspondent nischelle turner takes a look at the frightening run-in and how his wife jennifer januarier and he are fighting back. >> angry ben affleck is blasting photographers who he says constantly follow his family like in this video. >> don't talk to my kids. is that clear? >> no problem. >> in a new interview with "playboy" magazine, affleck says a man who was allegedly stalking his acres tress wife jennifer garner and his family for years basically used a crowd of paparazzi as a cover to stand outside his daughter's preschool. he says they used to take pictures of our children coming out of preschool and so this stalker who threatened to kill
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me, my wife and our kids showed up at the school and got arrested. i mean there are real practical dangers to this. in the 2009 incident, stephen burky was arrested for violating a restraining order when police caught him. he was found not guilty by reason of insanity and later sent to a mental hospital by a judge. garner has been a major force behind california's new anti-paparazzi law which increases the penalties for taking photos that invade a celebrity's right to privacy. she joined halle berry tearfully testifying in front of the state assembly. >> i love my kids. they're beautiful and sweet and innocent and i don't want a gang of shouting, arguing, law breaking photographers who camp out everywhere we are all day every day to continue traumatising my kids. >> show teeld cnn's chris cuomo she's hoping the new law will bring a change in her life. >> i'm looking forward to
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january 1st when the law goes into effect. no, so far i haven't seen a bit of difference. the threat of it is not enough. there are ten cars outside my house every morning. in the article, affleck says he can handle the attention but he says his kids aren't celebrities and they deserve a little privacy. he said the tragic thing is, people who see those pictures naturally think it's sweet. they don't see the gigantic former gang member with a huge lens standing over a 4-year-old and screaming to get the kids' attention. >> nish shell turner joins us live from los angeles. that is such a great point that is brought up. the pictures may look adorable but what it takes to get those pictures is mayhem. what do they want other than this law? is there something more they'd like to see done? >> first and foremost, they want when the law goes into effect for people to abide by the new law. ben affleck talked about a couple other things he would like to see done. he likes the way the uk system is set up, ashleigh, where if
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they take a picture of a child in the uk, they have to blur the face of that child. a paparazzi photo. he likes the idea of a bubble of safety like we have on the football field or even with politicians. there's this you capital get so close you know, if you're on a football field or if you're taking a picture of a politician and he says he believes that's how we should also practice when it comes to children of celebrities. and i just want to be clear. he's not saying don't photograph me because he knows that he's in the limelight. he says my kids off-limits. >> it seems to be the fair view. i don't understand why though there's just that much interest in doing so and consuming it. everybody's looking at it in the supermarket checkout line. nischelle turner, thank you for that. there's this other thing that comes into play with in debate. and that is the first amendment. it's a big deal. and is it a slippery slope when you start telling people what they can see and they can't see in america? we're going to weigh those two
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issues. little kids, for crying out loud. first amendment for crying out loud coming up next. [ female announcer ] thanks for financing my first car.
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so as we said right before the break, ben affleck with a very telling interview in "playboy" magazine, along with his wife jennifer garner have been fighting against the paparazzi and how oppressive
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they can be especially in photographing kids. i want to bring in criminal defense attorney joey jackson, legal analyst paul callan who so happens to have clients like leonardo dicaprio and quentin tarrant teeb know. you must have had an earful from them about this. >> my story is it's great to be famous for about a month. after that, you know, the stuff they go through, the public never hears about, the harassment, the stalking. it goes with the territory. they don't complain about it because it goes with the territory. affleck is not complaining about it either but when they're following his kids around and endangering his kids, i understand when he says that's a whole different cup of tea. we need laws to protect those kids. i don't care about the first amendment. >> it's like saying you're against freedom to say go ahead and photograph kids. there is the pesky constitutional issue of the first amendment that comes into all this. >> there is. like any other other constitution it will protection,
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there has been a balance. you can't yell bomb or fire or something else because it endangers other people just like laws about paparazzi. when it gets to the point when they're chasing and following creating a public hazard and danger to individuals in general and the celebrity in particular, that's when the law has to step in and that's where the first amendment even creeds to the fact. >> let's talk about children for a minute. child pornography, we have absolute rules against it. people used to say it's art protected by the first amendment, no. the supreme court has said if it involves children, there are regulations and the first amendment doesn't apply. i think we could kind of view this along the same lines that if children are endangered, we can have special laws to protect them. >> maybe after january 1st, some successful prosecutions coming if they continue? >> i think so. >> thank you as always. nice to have you both, paul and joey. that's it. i'm out of time. thanks so much for watching, everyone. "around the world" starts right "around the world" starts right now.
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-- captions by vitac -- www.vitac.com it's the handshake everyone is talking about. the brief moment shared between president obama and cuban president raul castro. ahead, what does it mean in terms of a thaw possibly in relations. >> plus, round two of snow and ice. bad weather hitting the northeast. even federal officers in d.c. are shut down because of all of this. also -- >> that was a -- oh. >> i'm here, i'm here. >> that is our own reporter in the middle of all of that violent internal conflict raging in central african republic. now world leaders are calling for calm. welcome to "around the world." i'm suzanne malveaux. >> and i'm michael holmes. for millions of people around the world, this day is all about any son mandela. >> memorial service

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